i've read Judge Whittemore's ruling on the Shiavo case. The question before him was narrow, and i am persuaded by his reasoning. Reluctantly and sadly persuaded.

Judge Whittemore was constrained by the well established law regarding the issuance of restraining orders and injunctive relief. It cannot be otherwise. Ultimately i blame the trial court for getting it wrong, but the appelate process has limited ability to question the findings of fact made by the original trial court.

"The law is hard, but it is the law."

“If the law supposes that,” said Mr. Bumble, squeezing his hat emphatically in both hands, “the law is a ass—a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is, that his eye may be opened by experience—by experience.”

Posted by: annika at 09:39 AM | Comments (4) | Add Comment
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Currently pending in the Texas House of Representatives is H.B. No. 1476, which i've posted below, in full:

AN ACT relating to regulation of sexually suggestive performances at certain public school events.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

          SECTION 1. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.088 to read as follows:

          Sec. 33.088. SEXUALLY SUGGESTIVE PERFORMANCES PROHIBITED.

          (a) A school dance team, drill team, cheerleading team, or similar performance group may not perform in a sexually suggestive manner at an athletic or other extracurricular event or competition sponsored or approved by a school district or campus.

          (b) A school performance group that violates Subsection (a) may not perform for the remainder of the school year in which the violation occurs.

          (c) If the commissioner determines that a school district or a campus in a school district knowingly permits a sexually suggestive performance prohibited by Subsection (a) or knowingly permits a school performance group to perform in violation of Subsection (b), the commissioner shall reduce the funding the district receives under Chapter 42 by an amount the commissioner determines appropriate.

          SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.

i'll keep an eye on it.

i don't understand why people think conservatives are prudes, when it's Democrats who want a new law for every perceived threat to morality. Remember Tipper?

Posted by: annika at 08:59 AM | Comments (10) | Add Comment
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Robert Blake is breathing two huge sighs of relief tonight. One for being found not guilty and the other for his incredible stroke of luck months before his own trial began. Yes, when Blake was shopping around for lawyers after firing his legal team a couple of times, Mark Geragos was busy!

i have a theory why Michael Jackson fired Geragos a few months back. Winona Ryder must have called to warn him. Lucky for MJ, he's got a much better lawyer now in Thomas Mesereau.

Exhibit 1 of the evidence that Geragos is the world's worst lawyer was introduced on Larry King Live tonight. King asked a juror whether it would have made a difference if Scott had testified. The juror said that if Scott had spoken during the penalty phase, he could never have voted for execution. It seems all the jury wanted was to see some sign of emotion from the defendant.

Instead, Geragos' brilliant strategy was to yuk it up with Scott in front of the jury during the trial. i guess the theory was that an innocent man doesn't show emotion. Not even if his wife and son have been brutally murdered, by a killer who is still out there.

Idiot.

But hey, i'm not complaining about the verdict or the fact that Geragos was so incompetent with this particular case. What bothers me is how much the media seemed to deify Geragos during the trial. Like he was another Johnny Cochran or something. When in fact, Geragos deserves to be ranked somewhere near Marcia Clark on the list of world's worst lawyers.

As a final thought, my opinion on the death penalty has moderated quite a bit since i wrote this post almost two years ago. But the offer still stands.

Posted by: annika at 06:51 PM | Comments (6) | Add Comment
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